Fire Safety Enforcement Orders are formal legal notices issued by Fire and Rescue Services when they identify breaches of fire safety law. These orders require immediate action to address fire safety deficiencies and carry serious consequences for non-compliance, including prosecution, substantial fines, and imprisonment.
Have you received a fire safety enforcement order?
Let's identify what you're dealing with and what you need to do.
What are Fire Safety Enforcement Orders?
Fire Safety Enforcement Orders are legal instruments used by Fire and Rescue Services to enforce compliance with the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order). They are issued when fire officers identify breaches of fire safety law that put people at risk.
There are three main types of enforcement order:
- Enforcement Notice — Requires you to take specific actions to remedy fire safety deficiencies
- Prohibition Notice — Prohibits or restricts use of premises where there's a serious risk to life
- Alterations Notice — Requires you to notify the fire service before making specified changes
These orders are formal legal documents. Failing to comply with them is a criminal offence, even if there has been no fire and no one has been injured.
Fire Safety Enforcement Orders are not warnings or suggestions — they are legally binding notices. Non-compliance can result in prosecution, unlimited fines, and imprisonment of up to two years.
When are Fire Safety Orders issued?
Fire and Rescue Services issue enforcement orders after inspecting premises and identifying breaches of fire safety law. Inspections may occur:
Proactively:
- Risk-based inspection programmes (high-risk premises like sleeping accommodation inspected more frequently)
- Following planning consultations or licensing applications
- As part of local fire safety initiatives
Reactively:
- After a fire or near-miss incident
- Following complaints from employees, tenants, or members of the public
- After referrals from other enforcement agencies (HSE, local authorities, housing officers)
- When concerns are raised about premises
What fire officers look for:
During inspections, fire officers assess whether you're complying with your duties under the Fire Safety Order:
- Is there a suitable and sufficient fire risk assessment?
- Are appropriate fire safety measures in place (detection, warning, escape routes)?
- Are fire safety systems properly maintained?
- Is there an adequate emergency plan?
- Have staff been trained on fire procedures?
- Are there specific risks that need addressing?
If fire officers identify serious deficiencies, they have enforcement powers to ensure rapid compliance.
Fire officers will usually discuss their findings with you during or after an inspection. In many cases, they'll provide informal advice before resorting to formal enforcement. However, if they believe there's a serious risk to life, they can issue orders immediately.
Types of Fire Safety Enforcement Orders
Enforcement Notice
An Enforcement Notice is issued when the fire service identifies breaches of fire safety law that require correction. It specifies exactly what you must do and gives you a deadline to complete the required actions.
What an Enforcement Notice contains:
- Specific breaches identified — Which articles of the Fire Safety Order you've breached
- Required actions — Exactly what you must do to remedy each breach
- Timescales — The date by which each action must be completed
- Consequences of non-compliance — Statement that failure to comply is a criminal offence
- Right of appeal — Information about how and when you can appeal
Common reasons for Enforcement Notices:
- No fire risk assessment, or an inadequate assessment
- Insufficient fire detection and alarm systems
- Inadequate means of escape (blocked routes, insufficient width, poor signage)
- Fire doors missing, damaged, or wedged open
- No emergency lighting or inadequate coverage
- Fire-fighting equipment missing, not serviced, or inappropriate for risks
- Lack of staff training on fire procedures
- No emergency plan or evacuation procedures
- Poor maintenance of fire safety systems
- Failure to cooperate/coordinate with other responsible persons in multi-occupied buildings
Timescales for compliance:
Enforcement Notices typically give you between 28 days and several months to comply, depending on:
- The severity of the risk
- The complexity of the required actions
- Whether interim measures can reduce risk while permanent solutions are implemented
If you don't comply with an Enforcement Notice by the deadline, you commit a criminal offence. The fire service can prosecute you even if no fire has occurred and no one has been harmed.
Example Enforcement Notice scenario:
Small hotel issued Enforcement Notice
A 15-room hotel underwent a routine fire safety inspection. Fire officers identified multiple deficiencies that had developed over several years of inadequate maintenance.
- ✗Fire risk assessment outdated (last reviewed 4 years ago)
- ✗Fire alarm system not tested weekly as required
- ✗Several fire doors had damaged seals and closer mechanisms
- ✗Emergency lighting units not maintained — some not functioning
- ✗Fire extinguisher servicing overdue by 18 months
- ✗Staff had not received fire safety training
- ✗No documented evacuation procedures for guests
The fire service issued an Enforcement Notice requiring all issues to be rectified within 90 days, with some high-priority items (alarm testing, emergency lighting) required within 14 days. The owner engaged a fire safety consultant, carried out all required works, and provided evidence of compliance before the deadline.
Regular maintenance and management of fire safety systems prevents enforcement action. Once an Enforcement Notice is issued, you must comply or face prosecution. The cost of compliance is always less than the cost of enforcement proceedings.
Prohibition Notice
A Prohibition Notice is the most serious enforcement order. It's issued when the fire service believes there is a serious risk to life from fire. The notice prohibits or restricts use of all or part of your premises until you remedy the deficiencies.
Key features of Prohibition Notices:
Immediate effect:
- A Prohibition Notice takes effect immediately when served
- There is no grace period
- You must comply with the prohibition before you can appeal
Can close your business:
- May prohibit all use of the premises (complete closure)
- May prohibit specific uses (e.g., sleeping accommodation, public access)
- May prohibit use of certain areas (e.g., upper floors, specific rooms)
Serious consequences:
- Using premises in breach of a Prohibition Notice is a criminal offence
- Can result in immediate prosecution
- Penalties include unlimited fines and up to 2 years imprisonment
When Prohibition Notices are issued:
Prohibition Notices are reserved for situations where fire officers believe there's a serious and imminent risk to life. Examples include:
- No fire alarm system in sleeping accommodation
- Escape routes completely blocked or inadequate
- Major structural fire safety deficiencies (missing fire doors, breached compartmentation)
- Dangerous levels of fire loading with no safety measures
- Multiple serious breaches creating extreme risk
You cannot appeal a Prohibition Notice until after you comply with it. The fire service can close your premises immediately if they believe there's a serious risk to life. Your only option is to remedy the issues as quickly as possible.
What to do if you receive a Prohibition Notice:
- Comply immediately — Stop the prohibited use right away
- Evacuate if necessary — If the notice prohibits all use, clear the premises
- Understand the requirements — Read the notice carefully to identify exactly what must be remedied
- Get expert help — Engage a qualified fire risk assessor or fire safety consultant immediately
- Take urgent action — Prioritise the most serious issues first
- Document everything — Keep records of all work done and expenditure
- Liaise with the fire service — Keep them informed of your progress
- Request re-inspection — Once you believe you've complied, ask the fire service to re-inspect
- Obtain confirmation — Get written confirmation that the notice has been lifted
- Consider appeal only after compliance — You can only appeal after you've complied with the requirements
Care home closed by Prohibition Notice
A residential care home for elderly residents was operating with severe fire safety deficiencies. Following a complaint from a concerned relative, fire officers conducted an unannounced inspection.
- ✗No functioning fire alarm system (had been broken for 6 months)
- ✗Fire doors throughout the building wedged open or damaged
- ✗Primary escape route obstructed with stored equipment
- ✗No staff training on evacuating vulnerable residents
- ✗No Personal Emergency Evacuation Plans (PEEPs) for residents
- ✗Fire risk assessment existed but significant issues were ignored
Fire officers issued an immediate Prohibition Notice closing the care home. All residents had to be relocated to alternative accommodation within 24 hours. The care home remained closed for 6 weeks while extensive remedial works were completed. The owner was subsequently prosecuted, fined £60,000, and received a suspended prison sentence. The care home's registration was revoked by the Care Quality Commission.
In premises with vulnerable occupants, fire safety failures can have devastating consequences. Fire services will not hesitate to close premises where serious risks exist. Prevention through proper fire safety management is not just a legal duty — it's a moral imperative.
Alterations Notice
An Alterations Notice is a preventive enforcement tool. It requires you to notify the Fire and Rescue Service before making specified changes to your premises or how they're used.
When Alterations Notices are issued:
Alterations Notices are typically served on premises where:
- There's a history of fire safety non-compliance
- The premises present complex or high fire risks
- There are vulnerable occupants (sleeping accommodation, care settings)
- The fire service wants to ensure proposed changes don't increase fire risk
What an Alterations Notice requires:
Once served with an Alterations Notice, you must inform the fire service before you:
- Extend the premises or make structural alterations
- Increase the number of people using the premises
- Begin storing or using dangerous substances
- Change the use of the premises (e.g., from office to residential)
- Make any other specified changes listed in the notice
Notification requirements:
You must provide notification at least 28 days before carrying out the proposed change (or such other period as specified in the notice). The notification should include:
- Details of the proposed change
- Expected timescale
- Any changes to fire safety measures you plan to make
- Your updated fire risk assessment
The fire service will review your notification and may:
- Confirm no objection
- Provide advice or recommendations
- Conduct an inspection before the change
- Issue further enforcement orders if necessary
If you receive an Alterations Notice, treat it as an opportunity to work collaboratively with the fire service. Proactive engagement when planning changes can help you avoid more serious enforcement action later.
Rights of appeal
You have the right to appeal against an Enforcement Notice or Alterations Notice (but not a Prohibition Notice until you've complied with it).
How to appeal:
Appeals must be made to the Magistrates' Court within 21 days of the notice being served (or within such other period as specified in the notice).
Grounds for appeal:
You may appeal on grounds including:
For Enforcement Notices:
- The notice is not justified (you're already compliant or the breach is not as alleged)
- You're not the responsible person
- The required actions are unreasonable or impractical
- The timescale for compliance is insufficient
- There's a technical error in the notice
For Alterations Notices:
- The notice is not justified for your premises
- You're not the responsible person
- The specified alterations are inappropriate
Important points about appeals:
Appeals do not suspend compliance:
- An Enforcement Notice remains in force during appeal unless the court orders otherwise
- You should continue working towards compliance while appealing
Prohibition Notices:
- You must comply with a Prohibition Notice before you can appeal
- This means you may have to close your business, complete the required work, and obtain confirmation from the fire service before lodging an appeal
Legal representation:
- You can represent yourself, but fire safety law is complex
- Consider instructing a solicitor experienced in fire safety enforcement
- Engage a fire risk assessor to provide expert evidence
Costs:
- If you lose an appeal, you may be ordered to pay the fire service's costs
- Consider the costs of appeal versus the costs of compliance
Appealing an enforcement notice does not mean you can ignore it. Unless the court suspends the notice, you must still comply by the deadline. Failure to comply while an appeal is pending can result in prosecution.
Should you appeal?
Ask yourself:
- Is the notice factually wrong? — Are you actually in breach, or is there a misunderstanding?
- Are you genuinely unable to comply? — Is compliance truly impossible or unreasonable?
- Can you negotiate instead? — Would discussing the issues with the fire service be more productive?
- What are the costs? — Is the cost of appeal greater than the cost of compliance?
- What's the risk? — Could an unsuccessful appeal damage your relationship with the fire service?
In most cases, compliance is better than appeal. Fire services don't issue enforcement orders lightly, and courts tend to support them unless there are clear grounds for appeal.
Consequences of non-compliance
Failing to comply with a Fire Safety Enforcement Order is a criminal offence under the Regulatory Reform (Fire Safety) Order 2005.
Prosecution and penalties:
Summary conviction (Magistrates' Court):
- Fine up to £5,000 per offence
- Imprisonment up to 6 months
- Or both
Conviction on indictment (Crown Court):
- Unlimited fine
- Imprisonment up to 2 years
- Or both
Factors that increase penalties:
Courts will consider aggravating factors when sentencing:
- Death or serious injury resulted from the breach
- Deliberate or reckless disregard for fire safety
- Financial gain or cost savings motivated the breach
- Failure to heed warnings or previous enforcement
- Vulnerable people put at risk (children, elderly, disabled)
- High number of people at risk
- Obstruction of fire service investigations
- Previous convictions for fire safety offences
Corporate offending:
If a company commits an offence, company officers (directors, managers, secretaries) can be prosecuted personally if the offence was committed with their consent, connivance, or due to their neglect.
Fire safety prosecution is not reserved for cases where a fire has occurred. You can be prosecuted simply for failing to comply with an enforcement notice, even if no one has been harmed.
Additional consequences:
Beyond criminal penalties, non-compliance can result in:
Business consequences:
- Forced closure of premises
- Reputational damage
- Loss of contracts or business relationships
- Increased insurance premiums or inability to obtain insurance
- Regulatory action from other bodies (licensing authorities, sector regulators)
Personal consequences:
- Criminal record
- Disqualification from being a company director
- Personal liability for fines
- Imprisonment
Civil claims:
- If a fire occurs, victims can bring civil claims for damages
- Insurers may refuse to indemnify you if you were in breach of fire safety law
- Personal liability if you were a director or officer who neglected fire safety
Business owner jailed for ignoring Prohibition Notice
A nightclub owner received a Prohibition Notice prohibiting use of the upper floor due to serious fire safety deficiencies. Despite the notice, the owner continued operating the venue at full capacity.
- ✗Continued using prohibited areas in breach of the notice
- ✗Made no attempt to remedy the fire safety deficiencies
- ✗Deliberately concealed use from fire service inspectors
- ✗Put hundreds of people at risk on busy weekend nights
- ✗Showed complete disregard for fire safety and enforcement process
The owner was prosecuted for breaching the Prohibition Notice. Convicted in Crown Court, he was sentenced to 14 months imprisonment (immediate, not suspended), fined £100,000, and ordered to pay prosecution costs of £30,000. The premises license was revoked, effectively ending the business.
Deliberately flouting a Prohibition Notice is treated extremely seriously by the courts. The potential consequences of a fire in those circumstances would have been catastrophic. Compliance with enforcement orders is not optional — it's a legal requirement backed by severe penalties.
How to respond to a Fire Safety Order
If you receive a Fire Safety Enforcement Order, take the following steps immediately:
1. Don't panic, but act quickly
Fire Safety Orders are serious, but they're manageable if you respond properly. Take them seriously and act promptly.
2. Read the notice carefully
Understand:
- What type of notice you've received
- What specific breaches have been identified
- What actions are required
- What deadlines you must meet
- Your rights of appeal
3. Seek professional advice
Engage professionals immediately:
- Fire safety consultant or fire risk assessor — To advise on technical compliance
- Solicitor — If you're considering an appeal or facing prosecution
- Relevant contractors — To carry out required works (electricians, fire door specialists, alarm engineers)
4. Prioritize actions
If the notice specifies multiple requirements:
- Address the most serious risks first
- Focus on items with the shortest deadlines
- Consider interim measures to reduce risk while permanent solutions are implemented
5. Communicate with the fire service
Maintain open communication:
- Acknowledge receipt of the notice
- Inform them of your intended actions
- Ask for clarification if anything is unclear
- Update them on your progress
- Request re-inspection when you believe you've complied
6. Document everything
Keep comprehensive records:
- Copies of all correspondence with the fire service
- Quotes and invoices for work carried out
- Evidence of completion (photographs, certificates, test results)
- Updated fire risk assessment
- Staff training records
7. Review your broader fire safety management
Use the enforcement action as a catalyst to improve overall fire safety:
- Conduct a thorough review of your fire risk assessment
- Implement a systematic fire safety management regime
- Train staff on fire safety responsibilities
- Establish regular testing and maintenance schedules
8. Learn from it
Understand what went wrong and ensure it doesn't happen again:
- How did fire safety deficiencies develop?
- What systems failed?
- How can you prevent recurrence?
- Do you need ongoing professional support?
Fire officers are not trying to catch you out — they're trying to keep people safe. If you engage cooperatively, demonstrate genuine commitment to compliance, and take prompt action, most fire services will work constructively with you.
How to avoid enforcement action
Prevention is always better than enforcement. Here's how to stay compliant and avoid receiving a Fire Safety Order:
1. Understand your legal duties
Know what the Fire Safety Order requires:
- Carry out and record a fire risk assessment
- Implement appropriate fire safety measures
- Maintain fire safety equipment
- Train staff on fire procedures
- Review your assessment regularly
Read: Fire Safety Order 2005 explained
2. Conduct a proper fire risk assessment
A comprehensive, up-to-date fire risk assessment is your foundation:
- Use a competent person (yourself if qualified, or a professional assessor)
- Cover all areas of your premises
- Identify all fire hazards and people at risk
- Evaluate whether existing measures are adequate
- Create and implement an action plan
Read: What is a fire risk assessment?
3. Implement the action plan
Don't let your fire risk assessment gather dust:
- Prioritize high-risk items
- Set realistic deadlines
- Assign responsibility for each action
- Monitor progress
- Complete actions and record evidence
4. Maintain fire safety systems
Establish regular routines:
- Test fire alarms weekly
- Check emergency lighting monthly
- Service fire extinguishers annually
- Inspect escape routes regularly
- Maintain fire doors and compartmentation
- Keep records of all testing and maintenance
5. Train your staff
Everyone who works in your premises should know:
- How to raise the alarm
- What to do when the alarm sounds
- Where escape routes lead
- Location of assembly points
- Any specific duties they have
Provide training on induction and refresh at least annually.
6. Review regularly
Set calendar reminders to review your fire risk assessment:
- At least annually (good practice)
- After any fire or near miss
- When you make significant changes to the premises or how it's used
- If you have reason to believe it's no longer valid
7. Keep good records
Maintain comprehensive documentation:
- Current fire risk assessment
- Evidence of implementing improvements
- Fire safety equipment certificates and service records
- Fire alarm test logs
- Emergency lighting test logs
- Fire drill records
- Staff training records
8. Engage proactively with the fire service
Build a positive relationship:
- If you're unsure about compliance, contact them for advice
- If they visit for inspection, cooperate fully
- If they provide informal advice, act on it promptly
- Show that fire safety is taken seriously in your organisation
Fire services conduct risk-based inspections. High-risk premises (sleeping accommodation, large public venues, venues with vulnerable people) are inspected more frequently. Demonstrate good fire safety management and you're less likely to face enforcement action.
UK regulatory context
Fire Safety Enforcement Orders are issued under the Regulatory Reform (Fire Safety) Order 2005, which is the primary fire safety law in England and Wales.
The Fire Safety Order 2005
The Order:
- Came into force on 1 October 2006
- Replaced over 70 pieces of fire safety legislation
- Created a risk-based regulatory framework
- Places duties on "responsible persons" to ensure fire safety
- Gives Fire and Rescue Services enforcement powers
Read more: Fire Safety Order 2005 explained
Fire Safety Act 2021
The Fire Safety Act 2021 amended the Fire Safety Order to clarify that it applies to:
- The structure and external walls of buildings (including cladding)
- Individual flat entrance doors in residential buildings
- Windows and balconies
This amendment followed the Grenfell Tower fire to ensure building owners couldn't claim external walls were outside the scope of fire safety law.
Building Safety Act 2022
For higher-risk residential buildings (18 metres or 7+ storeys), the Building Safety Act 2022 introduced additional requirements:
- Accountable Persons with enhanced duties
- Building safety managers
- Mandatory occurrence reporting
- Resident engagement
These buildings are subject to additional oversight by the Building Safety Regulator, but Fire and Rescue Services retain enforcement powers under the Fire Safety Order.
Who enforces fire safety law?
Fire and Rescue Services are the enforcing authority for the Fire Safety Order in their area. Each local fire service has fire safety officers who:
- Conduct fire safety audits and inspections
- Provide fire safety advice
- Issue enforcement notices
- Prosecute breaches
- Work with other agencies (local authorities, HSE, police)
Scotland and Northern Ireland
The Fire Safety Order 2005 applies only in England and Wales.
Scotland:
- Fire (Scotland) Act 2005
- Fire Safety (Scotland) Regulations 2006
- Enforced by Scottish Fire and Rescue Service
Northern Ireland:
- Fire and Rescue Services (Northern Ireland) Order 2006
- Fire Safety Regulations (Northern Ireland) 2010
- Enforced by Northern Ireland Fire and Rescue Service
The principles are similar, but the specific requirements and enforcement procedures differ.
Frequently asked questions
Yes, if they believe there's a serious risk to life. Fire services can issue a Prohibition Notice that takes immediate effect, requiring you to stop using all or part of your premises. There's no appeal process before the notice takes effect — you must comply first, then appeal if you believe the notice was unjustified.
Cost is not a valid defence under fire safety law. However, if you genuinely cannot afford immediate compliance, communicate with the fire service. In some cases, they may agree to a phased action plan or extended timescales. You may need to consider interim risk-reduction measures, restricting use of premises, or seeking business loans to fund essential works. Ignoring the notice is not an option.
Yes. Fire safety law is proactive, not reactive. You can be prosecuted for failing to carry out a fire risk assessment, for inadequate fire safety measures, or for breaching an enforcement notice, regardless of whether a fire has occurred. The law is designed to prevent fires and ensure people can escape safely if one does occur.
It depends on the specific requirements. Enforcement Notices typically specify different deadlines for different actions, ranging from 7-14 days for urgent matters to several months for complex works. The deadline depends on the severity of the risk, the complexity of required actions, and whether interim measures can reduce risk.
You can discuss the notice with the fire service, and they may be willing to adjust timescales or accept alternative measures if you can demonstrate they achieve equivalent fire safety. However, the fundamental requirement to remedy fire safety deficiencies is not negotiable. If you believe the notice is unjustified or unreasonable, your remedy is to appeal to the Magistrates' Court.
You remain responsible for compliance until the business is sold. If you fail to comply, you can still be prosecuted even after the sale completes. You should disclose the enforcement notice to potential buyers (failure to do so could result in the sale being unwound). Consider negotiating how compliance costs are handled in the sale price or terms.
Yes. Fire safety inspectors have legal powers to enter premises at any reasonable time to conduct inspections (or at any time if they believe there's a serious fire risk). You must allow them entry and provide access to records and documents they request. Obstructing a fire officer is a criminal offence.
Yes. Fire safety offences are criminal matters. If you're convicted, you'll have a criminal record. This can affect future employment, directorship positions, professional registrations, and your ability to travel to some countries. The seriousness of the penalty depends on the offence and circumstances.
Yes, in certain circumstances. If you're a director, manager, or company secretary, you can be prosecuted personally if the offence was committed with your consent, connivance, or due to your neglect. This means that if you knew about fire safety issues and did nothing, or should have known about them as part of your role, you can face personal prosecution.
Receiving an enforcement order may need to be disclosed to your insurer, depending on your policy terms. Failure to disclose could invalidate your insurance. If a fire occurs while you're in breach of an enforcement notice, insurers may refuse to pay out or may seek to recover costs from you personally. Prosecution for fire safety offences will also affect insurance premiums.
Next steps
If you're concerned about fire safety compliance or want to avoid enforcement action:
- Understand your legal duties: Fire Safety Order explained
- Identify who's responsible: Who is the responsible person?
- Conduct a fire risk assessment: What is a fire risk assessment?
Received a fire safety enforcement notice? A qualified fire risk assessor can help you understand the requirements, implement necessary improvements, and demonstrate compliance to the fire service.
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Disclaimer: This article provides general information about Fire Safety Enforcement Orders and related fire safety law in England and Wales. It is not legal advice. If you've received an enforcement notice, consult a qualified fire safety professional or solicitor for advice specific to your situation.